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Home My WebLink About20193878.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope. that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER. USR19-0042 APPLICANT JOSHUA GERSTBERGER PLANNER. MAXWELL NADER REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE- FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION LOT A REC EXEMPT RECX16-0072, PART NW4 SECTION 9, TIN, R68W OF THE 6TH P.M.. WELD COUNTY COLORADO. LOCATION EAST OF AND ADJACENT TO CR 5, APPROXIMATELY 0.5 MILES NORTH OF CR 10. be recommended favorably to the Board of County Commissioners for the following reasons: The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.F.3. - A.Policy 6.3. states. -Encourage multi -generational, caretaker, guest and accessory quarters. The proposed second single family dwelling has been used as a guest house and the applicant would like the option of using it for visiting family and rental purposes in the future. Section 22-2-20.H. - A. Goal 8. States. -Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development. " There is currently water and septic service being provided to the property. Left Hand Water District serves the primary residence. The second residence will also be utilizing Left hand Water District. The current 5/8" tap will have to upgraded to a 3/4" tap to allow the shared use of the second residence. There is an existing septic system. permit # SP -1600296, for the existing primary home (4684 CR 5) and is sized for five (5) bedrooms. The second residence will need to be served by a new On -site Waste Water Treatment System (OWTS). B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. --Intent, of the Weld County Code states. "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." This code section allows the applicant to apply for a USR (Use by Special Review) Permit. Section 23-3-40.M. of the Weld County Code allows for one (1) single-family dwelling unit per lot other than those permitted under section 23-3-20.A. (second single-family dwelling unit) in the Agricultural (A) Zone District. This code section allows the applicant to apply for the subject second home. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing RESOLUTION USR19-0042 JOSHUA GERSTBERGER PAGE 2 surrounding land uses. The uses surrounding the property are primarily rural residential or located within a residential subdivision. There are a few Use By Special Review permits within one (1) mile of the subject property. Including one (1) accessory structure. one (1) private airport. one (1) gutter business. one (1) indoor training arena, two (2) restoration related businesses and two (2) second single family residences. There are also an additional sixteen (16) Use By Special Review Permits within two (2) miles of the subject property. The Weld County Department of Planning Services sent notice to fourteen (14) surrounding property owners within five -hundred (500) feet. No correspondences was received back from surrounding property owners regarding the proposed application. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect: or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the municipalities of Erie. Dacono. Frederick and Broomfield. All four municipalities either did not respond or indicated no concerns in their referrals. The site is not located within any existing Intergovernmental Agreement Area (IGA) of a municipality. E. Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the Weld County Code. The property is not within the Geologic Hazard Overlay District. a Special Flood Hazard Area, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee. County Facility Fee and Drainage Impact Fee Programs. F Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The soil designation for the site is "Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site is not current farmland and the small lot size is not suitable for farming. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240. Weld County Code). Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health. safety. and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant. other relevant information regarding the request. and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Mountain View Fire Protection District. as RESOLUTION USR19-0042 JOSHUA GERSTBERGER PAGE 3 stated in the referral response dated June 7 2019. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0042 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. Show and label septic system location. (Department of Planning Services) 5. Show and label the locations and setbacks of all structures including the primary and secondary residences. (Department of Planning Services) 6. Show and label all recorded rights -of -way and easements on the lot. (Department of Planning Services) 7. County Road 5 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 8. Show and label the approved access locations. approved access width and the appropriate turning radii (25') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 9. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event. shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The applicant shall remove the modular home on site prior to construction of the permanent second dwelling. Photographic evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) RESOLUTION USR19-0042 JOSHUA GERSTBERGER PAGE 4 B. If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required. (Department of Public Works) 5. Prior to the issuance of the Certificate of Occupancy: A. An on -site waste water treatment system is required for the proposed residence and shall be installed according to the Weld County On -site Waste Water Treatment System Regulations. (Department of Public Health and Environment) 6. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) Motion seconded by Richard Beck. VOTE: For Passage Bruce Johnson Michael Wailes Tom Cope Gene Stifle Lonnie Ford Richard Beck Elijah Hatch Against Passage Absent Skip Holland The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Michelle Wall, Recording Secretary for the Weld County Planning Commission. do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado. adopted on August 6. 2019. Dated the 6th of July. 2019 --t"ncaeral-2e. Wait Michelle Wall Secretary RESOLUTION USR19-0042 JOSHUA GERSTBERGER PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Josh Gerstberger USR19-0042 1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0042, for a site specific development plan and use by special review permit for one (1) single-family dwelling unit per lot other than those permitted under section 23-3-20.A (second single-family dwelling unit) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The property owner or operator shall be responsible for controlling noxious weeds on the site. pursuant to Chapter 15. Article I and II. of the Weld County Code. (Department of Public Works) 4. The access to the site shall be maintained to mitigate any impacts to the public road. including damages and/or off -site tracking. (Department of Public Works) 5. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 6. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department of Environmental Health) 9. Any On -site Waste Water Treatment System located on the property must comply with all provisions of the Weld County Code. pertaining to Onsite Waste Water Treatment Systems. (Department of Environmental Health) 10. Building permits may be required. per Section 29-3-10 of the Weld County Code. Currently. the following have been adopted by Weld County: 2018 International Codes, 2006 International Energy Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 11. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 12. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 13. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources. including. but not limited to. sand and gravel. oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's RESOLUTION USR19-0042 JOSHUA GERSTBERGER PAGE 6 commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits: and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times. mineral resource sites are fixed to their geographical and geophysical locations. Moreover. these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 14. WELD COUNTY'S RIGHT TO FARM_ Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold_ The rural areas of Weld County may be open and spacious. but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views. spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment: slow -moving farm vehicles on rural roads: dust from animal pens. field work. harvest and gravel roads: odor from animal confinement. silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities: shooting sports. legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields. including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102. C.R.S.. provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches. lakes. or other structures. unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3;700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses. including law enforcement, ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads. no matter how often they are bladed. will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas. in many cases. will not be equivalent to municipal services. Rural dwellers must. by necessity. be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment. ponds and irrigation ditches. electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important. not only for their safety. but also for the protection of the farmer's livelihood. Q(. t'AwwA-05 BiCplablq SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, August 6. 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair. Michael Wailes. at 12:30 pm. Roll Call. Present: Michael Wailes, Bruce Johnson, Gene Stille, Tom Cope; Lonnie Ford, Richard Beck, Elijah Hatch. Absent: Skip Holland. Also Present: Chris Gathman. Michael Hall. Angela Snyder. and Maxwell Nader. Department of Planning Services; Lauren Light. Department of Health; Evan Pinkham. and Mike McRoberts, Public Works: Bob Choate. County Attorney. and Michelle Wall, Secretary. CASE NUMBER USR19-0042 APPLICANT JOSHUA GERSTBERGER PLANNER MAXWELL NADER REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE- FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION LOT A REC EXEMPT RECX16-0072, PART NW4 SECTION 9, T1N. R68W OF THE 6TH P.M.. WELD COUNTY, COLORADO. LOCATION EAST OF AND ADJACENT TO CR 5; APPROXIMATELY 0.5 MILES NORTH OF CR 10. Maxwell Nader. Planning Services, presented Case USR19-0042, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works. reported on the existing traffic. access to the site and drainage conditions for the site. Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. Josh Gerstberger, 4684 County Road 5. Erie, Colorado. Mr. Gerstberger said he lived in a mobile home on his property while he built his home. Now he would like to build a second home on the property to be used as a guest house for family members who visit. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR19-0042 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Tom Cope. Seconded by Richard Beck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson. Elijah Hatch. Gene Stille, Lonnie Ford. Michael Wades. Richard Beck. Tom Cope. Commissioner Wailes said he agreed with the Staff recommendation and that the application meets the 7 subsections under Weld County Code Section 23-2-220.A. ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip _ _ `I6t') Coc�n h1 _ d `~ �r; e CO X0516 oshLAci GerS rr tPw `�`., C \ j t 1 4 C- Q SU ,3c),,,...‘ Now." Co . S o 53 1 1 d`iel /f Co Che/kSails %_ci30 di. (4, cj q ci C R c yNn ci-0Wr\ SU SILI 61 t vi -T0 el Gais /Q4 . Oo `?vC-, 3 4-j .v4mk )2q 009p ra � . ee , -4050,:.' 0SO .' g7`�, Luz _ Hello